F. Hoffman & Sons, Inc. v. H. B. Hunter Co.
F. Hoffman & Sons, Inc. v. H. B. Hunter Co.
Opinion of the Court
This is a trade-mark cancellation proceeding, brought by appellant company, to seeure the cancellation of the registration of the word “6H0G0” as a trade-mark for nonalcoholic, maltless, carbonated beverages, sold as soft drinks. The petitioner claims that it is damaged by use of the mark through confusion with its registered trade-mark “Choco-Sip.”
Priority is conceded petitioner in the use of its mark. It is not denied that the goods of the respective parties are substantially identical. The only question for determination is whether or not the trade-marks are confusingly similar, within the meaning of the statute.
The Examiner of Interferences found that the marks were so similar as to be likely to lead to confusion, and directed the cancellation of appellee company’s registration. This decision was reversed by the Commissioner of Patents, and from his decision this appeal was taken.
We find little difficulty in sustaining the decision of the Examiner. The suffix “Sip”
In view of the evidence as to probable confusion, and also from the close similarity of the marks, we are convinced that the conclusion reached bj the Commissioner is erroneous.
The decision of the Commissioner is reversed.
Reference
- Full Case Name
- F. HOFFMAN & SONS, Inc. v. H. B. HUNTER CO., Inc.
- Status
- Published